Appeals and conservation areas...

[daltontrees]

Add on time between the 6 and the 27. PINS won't touch an appeal against a TPO decision unless the tpo has been confirmed. This could be any time within the 6 months after having been served. Bung your 27 weeks at the far end of the future.

 

Interesting! And just having looked at 2012 Regulation 19 (2) (b) (ii), it seems there is no 28 day limit on appealing against an 8 week deemed refusal. Otherwise there would be no rationale to apply for TPO consent until the TPO is confirmed. So, apply on unconfirmed TPO, get refusal, and either wit for confirmation before appealing or wait for non confirmation and then do a Gary Prentice on it after 6 months. Or am I getting that wrong?

[Chris at eden]

Interesting! And just having looked at 2012 Regulation 19 (2) (b) (ii), it seems there is no 28 day limit on appealing against an 8 week deemed refusal. Otherwise there would be no rationale to apply for TPO consent until the TPO is confirmed. So, apply on unconfirmed TPO, get refusal, and either wit for confirmation before appealing or wait for non confirmation and then do a Gary Prentice on it after 6 months. Or am I getting that wrong?

 

I think that is about non-determination. As far as I am aware the appeal still needs to be made within the 28 days but the PINS wont proceed until it has been confirmed. The PINS send a questionnaire to the LPA asking for the appeal documents, the bit about confirmation says:

 

Evidence that the TPO was confirmed - This is a mandatory requirement. If the TPO has not yet been confirmed, you should advise us of the anticipated date of confirmation. We cannot proceed with the case until the TPO is confirmed. If you are unable to supply evidence that the TPO was confirmed, its is likely that we will decide that the appeal is invalid and the tree not protected.

 

The last bit is obviously about older TPO where the LPA have no record of confirmation - that is more common than you would think. Doesn't really say anything about not being able to supply an anticipated date for confirmation or how long they are prepared to wait. I suppose its the 6 months.